District of New Mexico • 2:26-cv-02132

#1

Jul 01, 2026

PETITION for a Writ of Habeas Corpus Under 28 U.S.C. 2241, filed by DARIAN ACOSTA PENA. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit) (Shefer, Nera) (Entered: 07/01/2026)

Jul 01, 2026

United States District Judge Matthew L. Garcia and United States Magistrate Judge Jennifer M. Rozzoni assigned. (vlv)

#2

Jul 02, 2026

NOTICE: In accordance with the Standing Order, filed January 28, 2026 in 26-MC-00004-03 (Doc. 3), the Clerk of Court provides notice of completion of electronic service. A copy of the petition in this matter was provided to all federal respondents by Notice of Electronic Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system. The parties should review the Standing Order, and any further Orders entered in this matter regarding the deadline to respond to the petition. (vlv)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 07/02/2026)

#3

Jul 02, 2026

ORDER TO SHOW CAUSE and ENJOINING TRANSFER by District Judge Matthew L. Garcia: The USAO shall ANSWER the Petition within ten business days and show cause why relief should not be granted. The USAO's answer must specify whether the Court has already ruled on the legal issue(s) in this case and, if so, whether the facts are distinguishable from prior rulings. An optional reply is due within ten business days after the answer is filed. The Court will determine whether a hearing is necessary once briefing is complete, and remote appearances are generally not permitted. Respondents are enjoined pursuant to the All Writs Act, 28 U.S.C. § 1651(a), from transferring Petitioner outside the District of New Mexico without prior approval from the Court while this proceeding is pending. The Court retains jurisdiction to enforce this Order until an administratively final order of removal is being effectuated. Petitioner's counsel shall timely notify the Court of any material changes to Petitioner's circumstances, including, but not limited to, upcoming agency deadlines, administrative orders, removal, and release. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (md) (Entered: 07/02/2026)

Jul 02, 2026

Order to Show Cause

#5

Jul 10, 2026

NOTICE of Attorney Substitution: Robert Eliot Neal substituted for Allison Shokes and Paul Mysliwiec (Neal, Robert) (Entered: 07/10/2026)

#6

Jul 16, 2026

RESPONSE re 1 Petition for 2241 Relief filed by Markwayne Mullin, Sirce Owen. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Neal, Robert) (Entered: 07/16/2026)

#7

Jul 20, 2026

REPLY re 6 Response filed by Darian Acosta Pena. (Shefer, Nera) (Entered: 07/20/2026)

#8

Aug 12, 2026

NOTICE of Hearing on Petition for Writ of Habeas Corpus set for 8/26/2026 at 10:15 AM in Albuquerque - 560 Cimarron Courtroom before District Judge Matthew L. Garcia. (emr)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (Entered: 08/12/2026)

#9

Aug 18, 2026

MOTION to Continue by Darian Acosta Pena. (Attachments: # 1 Supplement) (Shefer, Nera) (Entered: 08/18/2026)

#10

Aug 19, 2026

ORDER by District Judge Matthew L. Garcia granting 9 UNOPPOSED MOTION TO CONTINUE HEARING. Hearing scheduled for August 26, 2026 is vacated and will be rescheduled at a later date. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (emr) (Entered: 08/19/2026)

Aug 19, 2026

Order on Motion to Continue

#11

Sep 01, 2026

ORDER by District Judge Matthew L. Garcia granting 1 Petition for 2241 Relief filed by Darian Acosta Pena. (arp) (Entered: 09/01/2026)

#12

Sep 01, 2026

JUDGMENT by District Judge Matthew L. Garcia. (arp) (Entered: 09/01/2026)